Federal Fraud Case

Having been a victim in the federal case United States v. Joshua Cardine and Kenneth Berlin Criminal No. 3:03CR00424, Eastern District of Virginia June 2004, I was wondering if there might be others who have not located their horse, not received money from sales, etc. The reason I feel there may be others, while serving time in federal prison this past year the FBI located a horse they did not disclose during court sentencing and which the breeder had never been paid.

For those who have asked, yes, the records are public and can be obtained by calling or writing to United States District Court, Clerk of Court, 1000 E Main Street, Suite 305, Richmond, VA 23219 or calling 804-916-2230. Case# 3:03CR00424 Title&Section - 18:371 Offense- Conspiracy to commit fraud and swindle of livestock in interstate commerce. Senior Federal Judge Richard L. Williams.

bwf - No there have been no articles on this as of yet and yes there has been an interest in a book. According to the Dept. of Justice this was the first case of it’s kind in the Federal Courts in the state of Virginia.

Timex, TWF & MHM - You are correct on all accounts.

eef - I would not disrespect the integrity of The Chronicle or intelligence of the readers of this board by stating false claims or accusations. You are obviously close to these two men since your post was the only one to mention the correct amount of time they received.

Originally posted by RNB:
Since I am one of the persons involved in this case I have been actively reading the posts not just on this thread but others as well. What I am interested in is other horse people who have been victimized in one form or another. The overwhelming majority of posts want the same thing…justice, accountability and their voices heard. After 7 years there are a few things that I have come to realize.

The USEF is not a policing association and never will be. It took a long time to accept that fact. Most everyone at the AHSA/USEF who received calls from victims showed genuine concern and disgust at the goings on and wanted anything that had been done at a show given to then so they could do something. However, the majority of the dealings were done off show grounds or were not found out about until months later…past the 30 day filing rule. Some of you have suggested some type of ethics committee or BBB. I certainly think something needs to be done, too many horses and owners are hurt by illegal activities.

I know most readers have never heard of the case probably because it does not involve well known horses, trainers or owners. This is the main reason it went on for so many years, in so many states and affecting as many lives. As I stated before this case was the first of its kind in the Commonwealth of Virginia and many eyes are continuing to watch every new development.

Many of the victims, myself included, banded together years ago to try to made a difference in the horse industry and feel we are doing so with this case. The Department of Justice has done everything in its power so far to help hold individuals accountable for their crimes. They are continuing to do so as I type. Josh and Keg plead guilty and were sent to federal prison. Josh has been released and Keg is scheduled for Dec 27th. The DOJ set up guidelines they are to follow during their 3 year probation which prohibits any horse related dealings/business/training/selling, etc. It is a document they have to sign. They can refuse and ask for a hearing before Judge Richard Williams which is what has happened during which time they can try to explain why they need to get back in the horse business. It is scheduled on Jan.6, 2006 in the Federal Court Bldg. in Richmond and is a public hearing. While the ruling will be in the judge’s hands, the Dept of Justice WANTS to help us horse people. They realize there is no association we can report crimes of this nature to and they want to keep this from happening again. No, it will not stop many who are #$LL bent on getting money anyway they can but if it stops a few, then it’s a start. The first step was holding them accountable, the second step needs to be restrictions and guidelines.

Do I think people can be rehabilitated and turn over a new leaf? Certainly, but I would not want a child molester to be allowed to get a job at a day care or someone who has robbed a bank be able to get employement with the Federal Reserve. The day I open my newspaper to the classifieds and the only jobs listed ware horse related then I can understand the need for a hearing. Until then…they should look elsewhere.

Kim Anderson, Victim Specialist, with the Dept of Justice received many emails/letters from victims, parents, barn owners, etc. expressing their concerns regarding them getting back into the horse industry. I strongly urge anyone who would like to see these types of restrictions regarding horse related crimes kept in place to send an email to Kim stating so. It is an opportunity for horse people to say “Enough is enough”! There have been victims who have posted on this and other threads and I hope they will also send an email or letter to Kim. It is truely important!!! You do not have to be a victim to express your thoughts. The court needs to see just how many horse people want justice and accountability in our industry. It can set a standard in VA and show other states how to handle similar cases.

I received a call from Kim Anderson today and I specifically asked her questions before posting information on this thread. She hopes to get more letters/emails. This may be your one opportunity to be heard so please do not let it pass by. I plan on being in Judge Williams courtroom on Jan 6th along with my daughter and others. We would welcome anyone who wants to observe. Whatever his decision I will post it on this thread. Hopefully it will be in favor of all of us who want the horse industry to be a better place, especially for the children.

If you would like Kim’s address please PT me and I will gladly pass it along.

Funny you should mention that… I have printed off the ruling from Josh and have it in my horse trailer (incase I ever need proof!) and plan to do the same with Keg’s…

Post the email address for us to send letters. I’d be glad to help.

By the way if you have two or three versions of the proposal you can have them all submitted by having different people fill out the additional proposals. You never know which will have feet.

I agree so totally that people need to be warned and if there are some case histories for you to include you can use them in a Press Release to the Media at the same time.

I have for a long time believed that if a horse tests positive for drugs the DA in that state where the event happened shoud need to be notified because it is abuse of animals and a criminal offense. Anyone in competition could be subject under the “Ricoh” rules for gangsterism since it is tampering with the results of a sporting competition.

I haven’t done it because I have enough battles on my plate right now. And the USOC which is the governing body for the NGB needs to be notified. While they may do nothing it is a paper trail to bring to Senator McCain and the Commerce Committee of the Senate.

If God permits it is my hope in June to be able to speak with McCain because I will be there as a member of the Leadership Council of the NFIB. McCain is making a run for President in 2008 and there is no better time to give him issues to get him public attention.

I can’t imagine any negatives for him to pursue the corruption of the rich and powerful against the little guy. Your issues would be appropriately included, so anyone interested let me know and join me in reaching Senator McCain a committee is more influential than a single person.

It is time we took back our Federation from the special interests in power. Their corporate non-profit status as an Educational charity gives us the reason. Even if nothing comes of the effort the associated news coverage will expose the problem. It took me 8 years to get our Equine Activity law enacted, and I’ve been working on getting manure to be a resaleable product for 33 years.

Originally posted by QueenMother:
Was the FBI in prison or the horse in prison or the victim in prison or the defendants in prison?

With your board name it isn’t hard to understand why you think the grammar is the most pressing issue in this post.

It sure is nice to be able to get to what is essential in a question, isn’t it?

You must be a real treasure to your friends. I hope when you are missing a horse you come across greater sympathy than that of which you are capable of expressing.

I have never heard of any of it, but I would love to read the court findings, is it public?

Originally posted by kfildes:
RNB:

Thank you for starting this thread. For many years I felt really angry at the horse establishment because I kept getting the message that no one really cared about these two and the crimes they were committing.

I agree it is time that the horse establishment ends it’s hands off approach to deceptive individuals in cases involving the ownership of horses.

Grande Impression, was shown in the IHF with forged papers that required MY signature as the stallion owner.  I warned the organization Keg would try this!!!  He did...I was flabbergasted when I got a check for her winning!  It never covered the bills I was stuck with for breeding that horse!
The issue of ownership (or Title) of horses is seldom taken seriously...even in very strictly regulated organizations. Two of my approved mares disappeared from my farm; were bred and their foals presented  to the breed organizations and foals BRANDED...with no proof of  lease/ownership of the mare. This happen with the aid of persons very close to my farm. The agent was a "friend". No one was sanctioned for their deception. The recipients of the horses  actually protested when I listed my  MISSING mares on MY website!           

Single voices, no matter how well prepared and factual…are seldom heard. We get the legal fees & months/years of work to recover our horses while the theft of use or ownership continues. There is no voice for the ordinary horse owners who follow the rules. Can we devise sanctions for errant members? How about the boot for those who don’t think there is room for rules and ethics in this business!

 DO you think the legal system will influence this industry? Don't count on it! You can be found negligent in the death of a horse by jury in Federal Court and named The Horseman of the Year ,by the powers that be,  in the SAME year! 

I rest my case.

Joan WattTellwynd - THE source for Reliable Champions

Originally posted by RNB:
<BLOCKQUOTE class=“ip-ubbcode-quote”><div class=“ip-ubbcode-quote-title”>quote:</div><div class=“ip-ubbcode-quote-content”>And the fact that it never was such a place enables the likes of Josh and Keg to thrive.

t8ksilk…did you have a bad dealings with them? </div></BLOCKQUOTE>

No, but I live and ride in the area where they were dealing (only know Josh by his relatively recent association with KB). I know someone who was “personally associated” with Keg; have heard all the stories, one about making a child ride in a show with a broken arm while the parents stood lamely by, etc., ad nauseum. Everyone observed all this nonsense going on, wondering why he had any clients let alone kept the ones he had. I attribute it to that bottom-line “need to win” mentality. Can’t explain it otherwise. KB had a horrible reputation around here but kept selling the expensive horses (his or otherwise), kept taking kids to shows, kept up his antics with local organizations without apparent censure. I’ve heard that they are back on the scene despite what’s happened. What other explanation is there? Stupidity can’t be the only reason.

Originally posted by t8ksilk:
<BLOCKQUOTE class=“ip-ubbcode-quote”><div class=“ip-ubbcode-quote-title”>quote:</div><div class=“ip-ubbcode-quote-content”>Originally posted by talloaks:
Looking for mug shots!!

Off topic but to tall oaks member: It wasn’t (technically) William Shakespeare who said “A horse, a horse, etc.” It was Richard III </div></BLOCKQUOTE>

Just to clarify ~ upon their release the Dept of Justice has stated they do not want them having anything to do with the horse industry. Legally, Josh and Keg can request a hearing to have a federal judge make the FINAL decision. That is what has happened and the reason for the hearing on Jan.6 in Richmond. Until then, Josh and Keg can do whatever they want in the horse business. This is why we consider the hearing to be of such importance. Judge Williams ruling could have a HUGE impact on how similar cases are handled in the future.

Well hello again ESP123…Are you sure you want to play this game with me?

Your postings on this thread (VA TRAINERS) as well as ones on the Federal Court Case thread always talk about he said/she said, the FACTS and second chances. All my postings have been the FACTS with documentation to back it up. I have refrained from expressing my true personal feelings about these two and will contintue to do so. Let’s discuss some of the things you keep bringing up.

  1. “get a second chance, time served, opinion based not factual, accusations being thrown out her, not based on true facts.”

Since FACTS seem to be so important to you lets review a few.

FACT ~ Josh and Keg swore under oath at sentencing in June 2004 they had disclosed the names of all horses/ponys they owned.

FACT ~ In the spring of 2005 FBI Special Agent Jean Wyant located and seized a horse by the name Grande Impression. A horse that Josh and Keg had never paid the breeder for, forged its Hunter Futurity papers on and had listed on Equine.com for $100,000.00.

Now, if you think this is he said/she said then just let me know and I will be more than happy to pass along Special Agent Wyant’s phone number. Perhaps if “she said” it, it will carry more weight than the documents I have. Gee, since the FBI found Grande Impression I wonder if there may be others?

If Josh and Keg have no problem lying in a Federal Courtroom in front of a Senior Federal Court Judge, US Attorneys, the FBI and God I can’t help but believe they will lie to future clients.

So ESP123 do you still want to play…

  1. I have only brought up things related to the Federal Court Case. Let’s now talk about Detective Kevin Wolfe. I’m sure you remember him! And yes I HAVE court documents regarding Josh and Kegs dealing on the local and state court level.

FACT ~ I was in the courtroom with SY for one of her cases against them. Det. Wolfe came in to the courtroom while we were waiting for SY case and arrested Josh and Keg for another warrant he had for them. They were held in a holding cell until SY’s case was called.

FACT ~ Det. Wolfe arrested Keg when Josh and Keg came to pick up their horse trailor that was being held in the police impound lot. This was when the Commonwealth of Virginia charged him with Felony Bad Check (Case No.145GC00000036-1110) and tried to prosecute him.

FACT ~ Det. Wolfe was the one to call in the FBI because of the overwhelming number of victims.

So, would you like Det. Wolfe’s phone number as well? I am sure he will be quite surprised to hear from you but will be more than happy to provide you with any information you might want…since the court copies I have must just be he said/she said. He will have more information than even I do so I encourage you to have a chat with him.

Still want to play…

I have no problem posting court cases, court case number, warrants and lawsuits since they are public record. I can post enough to probably make the COTH BB server crash.

How dare you continue to make postings trying to discredit and dishonor my daughter, myself and all the other victims.

The victims still have a dog in this fight…he may be 7 years old but he now has big Dept of Justice teeth!!!

Individuals who do not know the truth should not be attempting to degrade or accuse these men further. They have been punished enough, get over it.

What hotels are close by the courthouse? I’m looking for something safe and clean… no frills.

Anyone have suggestions??

Please let us know as soon as it is official. Perhaps there should be an additional petition for such cases.

Originally posted by MHM:
So what was the gist of it? Did they take in sale horses and pocket all the money from the sales? Or most of the money?

MHM & SMS …You are a good! I have friends at the FBI if yo ever want to change careers!

At the sentencing hearing held June 24, 2004, for Josh and Keg; Keg swore to the judge that he did not have any other horses. I was never convinced he sold the mare he called “The One”. Her dam was brought to my farm to be bred in 1997. Once the mare was in foal, Keg came to my farm when I wasn’t there, he left two no good checks, he took the mare and I was never paid.The mare as a yearling won the First Sallie Sexton Memorial Trophy at the Devon Horse Show in 1998. He avoided all legal attempts to make him pay his debt. The long and short of it is that Grande Impression was located, in March 2005, seized and sold by the court. As of September 28, 2005,I own the nice mare Grande Impression by order of Senior Federal Judge Richard L. Williams.

Keg Berlin is currently serving time in Federal prison.As one of his victims, I have notification regarding his disposition.

He has a long string of trusting pony moms and children… I’ve met some of the kids…now young adults…that were cheated…they have no memories of ponies and ribbons … Many kids never saw their ponies again. Some horses simply vanished.

If you know of ANY horse connected with Keg and Josh…contact me and I will be glad to call my friends at the FBI.

Good question Snowbird. I too would like to know the procedure as I will be happy to do what is required.

Snowbird…couldn’t have said it better and I have been asking that same question for the last 6 years.

Bump up for good luck. Let’s hope KateB finds some help in New York.

Please send me her information. I am the perpetual optimist and I do believe if there are enough of us that are vocal and will not hide under the carpet that the USEF can be compelled to prevent these people from participating. We just need a unified effort and to stop being silent. People are afraid of retaliation but today that is not an issue the USEF is not that important to us if these scumbags can belong.